The Gmara brings a source in Esra 7:26 to prove that the bet din may bind his hands, tie him to a post in order to give him lashes or pursuit him (ArtScroll).
I dont's understand how this passuk, without mentioning one of these punishments, can be used as proof that any of these actions are allowed.
Thanks for your answer.
M. Barth, Zurich, Switzerland
It seems from Rashi that "Kaftinan" (hands and feet) and "Asrinan" (tie him to a post) are two parts of a single process; whipping/beating. First the hands and feet are bound, and then the person is tied -- while bound -- to the post upon which he will be beaten by the court. (This is also how the Perush of Talmid Rabeinu Yechiel explains the Gemara.) If so, the Gemara is actually seeking sources for only two actions: 1. Hardafah, and 2. Tying a person to the stake (to beat him)
The source for "Hardafah" is explicitly stated later in the Sugya: "Lishroshi" means l'Rodfo (from the same root as "l'*Sharesh* Acharav). We learn "Kaftinan" and "Asrinan" from the word Le'esurin in the pasuk. It is indicates tying-up (like in the Pasuk "Asur Bazikim," Yirmiyah 40:1). It is possible that the Gemara is learning two types of tying from this word: 1. his arms and legs are bound and 2) he himself is bound, afterwards, onto the post (to be beaten).
Sorry for the delay in our response!
Mordecai Kornfeld